Judge halts light brown apple moth spraying in Santa Cruz County

SANTA CRUZ - The state will not be allowed to spray pesticide over Santa Cruz County in June after a ruling in Santa Cruz County Superior Court today ordered California leaders to finish an environmental review first.

Judge Paul Burdick said the state did not prove that the invasive light brown apple moth poses an immediate threat to life or property. As a result, he said, an emergency exception to finish the review while the spraying continues was not justified.

A cheer went up from the packed courtroom as Burdick announced his decision.

As the court hearing was happening, Gov. Arnold Schwarzenegger announced plans to postpone all aerial spraying for the moth until acute testing of eye, inhalation, respiratory and other potential irritants, known as the "six-pack" toxicology test, could be completed. Schwarzenegger's office said the decision was unrelated to the local court ruling.

The governor's spokeswoman said the decision to postpone spraying had been pending and came after a meeting with Sen.Carole Migden, D-San Francisco, and other local officials to listen to concerns regarding the light brown apple moth eradication program. The earliest the state could complete the six-pack tests and begin spraying, if the court allowed, would be Aug. 17 in Santa Cruz and Monterey counties.

Back in Santa Cruz after the ruling, ecstatic residents celebrated on the courthouse steps.

"I'm thrilled. I wanted to run up and give the man a kiss," said Santa Cruz resident Jerilyn Bock, who is in her 60s and said she had a hard time breathing and developed the shakes and insomnia after last year's spraying.

"It's a great victory not only of the law but of common sense," said county Supervisor Neal Coonerty.

State officials vowed to appeal the case. However, Burdick denied the state's request for a stay, which would have allow spraying to continue as the Attorney General's Office prepares its appeal.

The momentum palpably turned in the county's direction about halfway through the hearing, when Burdick asked the state's attorney for evidence of damage caused by the 10,000 plus moths found in Santa Cruz County since April 2007. The state was not able to provide any.

Assistant County Counsel Jason Heath, who argued against the state for the county and city of Santa Cruz, seized the opportunity. He immediately hammered his point that the moth is not such a serious or immediate threat to warrant emergency spraying - the main issue in the city-county lawsuit.

"Where is the fire raging out of control here?" Heath argued. "This is not San Diego County burning."

State Agriculture Secretary A.G. Kawamura said afterward he was disappointed with the ruling and his department will ask for an expedited appeal. That could be filed in a couple of weeks and would be heard in the 6th District Court of Appeals in San Jose.

"The light brown apple moth is a serious threat not just to Santa Cruz, but to the entire state," Kawamura said.

The state began spraying a synthetic pheromone, CheckMate, over Santa Cruz and Monterey counties last year to fight the light brown apple moth. Agricultural leaders say the moth could cause millions of dollars of damage to crops if not eradicated as well as disrupt international trade.

Spraying was scheduled to resume in Santa Cruz County in June and expand to counties the greater San Francisco Bay Area. The ruling Thursday only stopped Santa Cruz County spraying, but a similar case is expected to be heard in Monterey County within the next month.